9
AN ACT abolishing the behavioral sciences
regulatory board; transferring
10 the powers, duties and
functions thereof to the secretary of health and
11 environment.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. (a) The
behavioral sciences regulatory board created un-
15 der K.S.A. 1997 Supp. 74-7501 is hereby
abolished, and all of the powers,
16 duties and functions of the behavioral
sciences regulatory board are
17 hereby transferred to and conferred and
imposed upon the secretary of
18 health and environment.
19 (b) The secretary of
health and environment shall be a continuation
20 of the behavioral sciences regulatory board
and shall be the successor in
21 every way to the powers, duties and
functions of the behavioral sciences
22 regulatory board in which the same were
vested prior to the effective date
23 of this act. Every act performed in the
exercise of such powers, duties
24 and functions by or under the authority of
the secretary of health and
25 environment shall be deemed to have the
same force and effect as if
26 performed by the behavioral sciences
regulatory board in which such
27 functions were vested prior to the
effective date of this act.
28 (c) Whenever the
behavioral sciences regulatory board, or words of
29 like effect, is referred to or designated
by a statute, contract or other
30 document, such reference or designation
shall be deemed to apply to the
31 secretary of health and environment.
32 (d) All rules and
regulations of the behavioral sciences regulatory
33 board in existence on the effective date of
this act shall continue in force
34 and effect and shall be deemed to be duly
adopted rules and regulations
35 of the secretary of health and environment,
until revised, amended, re-
36 voked or nullified pursuant to law.
37 (e) All orders and
directives of the behavioral sciences regulatory
38 board in existence on the effective date of
this act shall continue in force
39 and effect and shall be deemed to be duly
issued orders and directives
40 of the secretary of health and environment,
until revised, amended or
41 nullified pursuant to law.
42 (f) Except as otherwise
provided by this act, whenever the executive
43 director or the chairperson of the board of
the behavioral sciences, or

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1 words of like effect, is referred to
or designated by a statute, contract or
2 other document, such reference or
designation shall be deemed to apply
3 to the secretary of health and
environment.
4
Sec. 2. Except as otherwise provided in this act, on July
1, 1998,
5 officers and employees who,
immediately prior to such date, were en-
6 gaged in the performance of powers,
duties or functions of the behavioral
7 sciences regulatory board which are
transferred by this act to the secretary
8 of health and environment, and who,
in the opinion of the secretary of
9 health and environment, are necessary
to perform the powers, duties and
10 functions transferred by this act shall be
transferred to, and shall become
11 officers and employees of the department of
health and environment.
12 Any such officer or employee shall retain
all retirement benefits and all
13 rights of civil service which had accrued
to or vested in such officer or
14 employee prior to the effective date of
this act. The service of each such
15 officer and employee so transferred shall
be deemed to have been con-
16 tinuous. All transfers and any abolition of
personnel positions in the clas-
17 sified service under the Kansas civil
service act shall be in accordance
18 with civil service laws and any rules and
regulations adopted thereunder.
19 Sec. 3. On and
after July 1, 1998:
20 (a) When any conflict
arises as to the disposition of any power, func-
21 tion or duty or the unexpended balance of
any appropriation as a result
22 of any abolition, transfer, attachment or
change made by or under au-
23 thority of this act, such conflict shall be
resolved by the governor, whose
24 decision shall be final.
25 (b) The secretary of
health and environment shall succeed to all prop-
26 erty and records which were used for or
pertain to the performance of
27 the powers, duties and functions
transferred to the secretary of health
28 and environment under this act. Any
conflict as to the proper disposition
29 of property or records arising under this
section, and resulting from the
30 transfer or attachment of any state agency,
or all or part of the powers,
31 duties and functions thereof, shall be
determined by the governor, whose
32 decision shall be final.
33 Sec. 4. On and
after July 1, 1998:
34 (a) The secretary of
health and environment shall have the legal cus-
35 tody of all records, memoranda, writings,
entries, prints, representations
36 or combinations thereof of any act,
transaction, occurrence or event of
37 the behavioral sciences regulatory
board.
38 (b) No suit, action or
other proceeding, judicial or administrative,
39 lawfully commenced, or which could have
been commenced, by or against
40 any state agency mentioned in this act, or
by or against any officer of the
41 state in such officer's official capacity
or in relation to the discharge of
42 such officer's official duties, shall abate
by reason of the governmental
43 reorganization effected under the
provisions of this act. The court may

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1 allow any such suit, action or other
proceeding to be maintained by or
2 against the successor of any such
state agency or any officer affected.
3 (c) No criminal
action commenced or which could have been com-
4 menced by the state shall abate by
the taking effect of this act.
5 Sec. 5. (a)
On and after July 1, 1998, the balance of all funds appro-
6 priated and reappropriated to the
behavioral sciences regulatory board is
7 hereby transferred to the department
of health and environment in ac-
8 cordance with this act and shall be
used only for the purpose for which
9 the appropriation was originally
made.
10 (b) On and after July 1,
1998, the liability for all accrued compensa-
11 tion or salaries of officers and employees
who, immediately prior to such
12 date, were engaged in the performance of
powers, duties or functions of
13 the behavioral sciences regulatory board
shall be assumed and paid by te
14 department of health and environment.
15 Sec. 6. This act
shall take effect and be in force from and after its
16 publication in the statute book.
17